Published: July 07, 2008 11:02 pm      

Proposed building code authority not dead

If at first you don’t succeed, then try, try again — and in the case of the proposed Beckley-Raleigh County Building Code Authority you might want to add try at least a few more times.

“If we can educate the public and those in opposition of this proposal with real facts and information, it will be the taxpayers who benefit by saving at least $150,000 to $160,000 annually,” said Bob Cannon, the City of Beckley’s chief zoning officer.

The proposal, which calls for creating a single authority to govern code enforcement entities that now function by both the city and county, has been introduced as a bill before the state Legislature several times, only to be defeated or killed in committee by opponents. Cannon thinks this is because of incorrect and distorted information coming from those who oppose the proposal.

“The media have an obligation to get the facts, but much of what we’ve read, seen or heard in the media or from some delegates that oppose the proposal is incorrect and in some cases deliberately distorted,” Cannon claims.

Cannon said one media report stated the proposal had been defeated at the Legislative level four times, while another reported six times.

“Actually neither is correct,” he said. “It was voted on and approved three consecutive years in 2006, 2007 and 2008 by the state Senate. The first year it was passed by the House before being amended on the last night of the session as a way to kill the bill. The two other years it never got out of House committees.”

Cannon thinks the media and many members of the public have been influenced by those opposing the proposal.

“A small group opposing adoption of the state building code in 2003 have continued their opposition,” he said. “They have spread incorrect or misleading information.”

Some believe a law is not needed and others believe an election would be required.

“The city and county can enter into inter-governmental agreements that must be renewed annually, but this would put a permanent entity in place,” Cannon said. “Also, opponents have deliberately tried to confuse this proposal with metro government. Was there an election to create EOC or your PSD?”

Cannon says the state building code would not change the way the code is enforced in the county and city.

“It’s only function would be to enforce the state building code, as already adopted by Raleigh County and the City of Beckley,” Cannon said. “The authority could not adopt its own building code. State law requires that the state building code be the only building code statewide. No county, municipality or authority can change that in any way.”

Cannon said one politician made an issue of the building code board of appeals, which is a requirement by the state building code.

“The proposal specifies the appointments to that board would be made by the Raleigh County Commission and the City of Beckley, and any future appointments by future new authority members,” he said.

Cannon says statements in the media from a lawmaker opposing the proposal show a failure to check facts.

“Saying things like, ‘I don’t feel comfortable putting the fox in the chicken house’ and ‘We want an appeals board that would be completely independent of that code enforcement’ are wrong,” Cannon said. “The appeals board is completely independent of code enforcement. The building code requires members not be employed by the city or county in any manner, so there is no ‘fox in the chicken house.’”

Cannon says the authority would not be able to raise taxes.

“No property owner, tenant, contractor or employee would be harmed in any way by creating a building code authority,” Cannon said. “The proposal is nothing more than combining two departments under two different sets of rules into one. The bottom line is that is will save at least $160,000 annually.”

Cannon says the proposed authority has nothing to do with zoning.

“At the public meeting held regarding this proposal most of the questions had to do with the building code,” he said. “There was not significant opposition to the bill. Only one opponent ever asked me questions about the bill and that was three years ago.”

Cannon says of the 62 people in attendance at the public meeting, 33 were elected officials, county enforcement department staff and family or supporters.

“This means 29 were either opponents or attended for information,” said Cannon. “Six said they were neither for nor against, which is clearly not a significant number.”

Cannon says it was even stated that the state fire marshal was opposed to the bill.

“That is false,” he said. “Someone apparently misunderstood his answer to a question because he has told me that he is not opposed to this proposal.”

Cannon believes some politicians have given misinformation out of ignorance or due to a personal agenda.

“They are either uninformed about the authority and the state building code,” Cannon said. “Or they feel they can gain something politically by opposing this proposal.”

Cannon says the proposal calls for the authority to be governed by an appointed, five-member board of directors.

“Two are appointed by the city, two by the county and the fifth is mutually agreed upon by both,” Cannon explained. “All would be residents of Raleigh County.”

Cannon said if any other municipalities, like Lester, Mabscott, Rhodell or Sophia, would want to join the authority, they would also appoint a director.

“These appointments are made as every other city or county appointment is made, whether it’s to the planning commission, public service district or the library board,” he said. “They are your friends and neighbors.”

Cannon said the authority would operate like the Raleigh County Emergency Services Authority.

“In 1982, the Legislature approved its creation, combining the dispatching in Raleigh County, Beckley, Lester, Mabscott, Rhodell and Sophia,” Cannon said. “This authority has eliminated duplication of effort, reduced costs and provides efficient, life-saving emergency response.”

“The only purpose of this proposal is to combine the current City of Beckley and Raleigh County code enforcement departments, and create one department, with one payroll and one set of administrative rules, instead of two,” Cannon said.

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